Labour Court Database __________________________________________________________________________________ File Number: CD92267 Case Number: LCR13809 Section / Act: S20(1) Parties: SACRED HEART NURSING HOME - and - SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION |
A dispute concerning Union recognition.
Recommendation:
4. Having considered the Union's submission and oral evidence
presented at the hearing and having regard to the written
submission forwarded by the employer who did not attend the
hearing, the Court recommends that the employer recognise the
Union for negotiation purposes on Industrial Relations matters
which affect its nursing members in the employment.
Division: Mr Heffernan Mr Keogh Mr Walsh
Text of Document__________________________________________________________________
CD92267 RECOMMENDATION NO. LCR13809
INDUSTRIAL RELATIONS ACTS, 1946 TO 1990
SECTION 20(1), INDUSTRIAL RELATIONS ACT, 1969
PARTIES: SACRED HEART NURSING HOME
and
SERVICES INDUSTRIAL PROFESSIONAL TECHNICAL UNION
SUBJECT:
1. A dispute concerning Union recognition.
BACKGROUND:
2. 1. In 1990 a number of nurses at the Sacred Heart Nursing
Home in Youghal joined the Union. This was communicated to
management on 13th March, 1991 and a meeting was requested. A
number of letters issued and management replied on 26th July,
1991. The Company's response was that it recognised each
employee's right of association with any organisation but
that it was not compelled to negotiate with the particular
organisation.
2. The dispute was referred to the Labour Relations
Commission but the Company declined an invitation to attend at
conciliation. The Union then referred the dispute to the
Labour Court under Section 20(1) of the Industrial Relations
Act, 1969. The Union agreed to be bound by the terms of the
Labour Court Recommendation.
3. The Company advised the Labour Court on 13th October, 1992
stating that it would not be in attendance at the Court's
investigation because of its inexperience in industrial
relations matters. The Company stated that its salaries and
conditions were the best in the area and that it would
continue to deal directly with the workers in its employment.
4. A Labour Court investigation took place in Cork on 16th
October, 1992.
UNION'S ARGUMENTS:
3. 1. Despite repeated requests for a meeting the Company has
refused to negotiate with the Union or to recognise its right
to negotiate on behalf of its members. The position of unions
in the industrial relations process is well recognised.
Industrial peace is brought about through negotiation and
conciliation between managers and the representatives of their
workers.
2. The workers have a right to belong to a trade union.
This right is recognised by the Company but is rendered
meaningless by the Company's refusal to recognise the Union's
right to negotiate on behalf of its members.
RECOMMENDATION:
4. Having considered the Union's submission and oral evidence
presented at the hearing and having regard to the written
submission forwarded by the employer who did not attend the
hearing, the Court recommends that the employer recognise the
Union for negotiation purposes on Industrial Relations matters
which affect its nursing members in the employment.
~
Signed on behalf of the Labour Court
Kevin Heffernan
__________________
30th October, 1992. Chairman.
J.F./J.C.
Note
Enquiries concerning this Recommendation should be addressed to
Mr. Jerome Forde, Court Secretary.